Greater New Orleans

Donte Veals, left, is a 16-year-old who will be prosecuted as an adult. Veals was indicted for manslaughter in connection with the March 19 fatal shooting of Deion Robair, right. (Photos courtesy of Orleans Parish Sheriff's Office, Dylan Robair)

A 16-year-old boy accused of killing his 10th-grade classmate was indicted on a manslaughter charge this week, after prosecutors decided against pursuing a second-degree murder case.

Donte Veals is being tried as an adult in the March shooting death of 16-year-old friend Deion Robair. With the reduced charge, the possibility of a life sentence was taken off the table. He faces a prison sentence of up to 40 years if convicted.

"Just based upon everything we were presented with, I thought the better charge was that of manslaughter rather than second-degree murder," Orleans Parish District Attorney Leon Cannizzaro said Friday, a day after a grand jury returned the indictment.

The unidentified third teen told police that Robair unloaded the gun at his request before playing video games, but that Veals put one bullet back in the gun, spun the chamber, pointed it at Robair and pulled the trigger three times until it discharged.

The decision to seek indictment on the lesser charge came after careful evaluation of the evidence and what it would allow prosecutors to reasonably prove, Cannizzaro said.

To convict someone of second-degree murder, a jury or judge must be convinced of "specific intent to kill or to inflict great bodily harm," in the absence of another serious felony offense being committed in conjunction with the death.

Louisiana's manslaughter statute defines that crime, in part, as "A homicide committed, without any intent to cause death or great bodily harm ... when the offender is engaged in the perpetration or attempted perpetration" of a lesser felony, such as the illegal discharge of a firearm.

"In this particular case, if there is an issue of whether the defendant had intent (to kill), it seems to be more properly a manslaughter," Cannizzaro said.

Robair's grandfather, Oliver Ducre, said the legal aspects of the decision were explained to his family by Assistant District Attorney Inga Petrovich.

"I'm not upset, but I don't agree with it," Ducre said. "I don't understand how it could go down from murder."

Ducre said he was told there wasn't enough evidence to show Veals intended to kill Robair. "But he intently put a bullet in the gun and pulled the trigger three times. What else are you trying to do?"

Cannizzaro said he understands the emotions surrounding the case.

"It's certainly very difficult when you are given the responsibility of prosecuting, essentially, children, young adults," Cannizzarro said. "It's very unfortunate. I have been outspoken about the presence of illegal guns finding their way into the hands of people who should not be in possession of them. This is certainly a prime example of that, where a 16-year-old finds himself in possession of a gun.

"Then, they got into this situation where the gun was discharged, with tragic results. It's certainly unfortunate, and very difficult for us to see these kinds of cases. And we're seeing too many of them in the city of New Orleans."

Veals was arrested March 25, and remains in custody with bond set at $750,000.